In this subtitle the following words have the meanings indicated.
“Approved naturopathic medical program” means a naturopathic medical education program:
In the United States that:
Provides the degree of Doctor of Naturopathy or Doctor of Naturopathic Medicine;
Offers a 4–year graduate–level, full–time didactic and supervised clinical training;
Is accredited, or has achieved candidacy status for accreditation, by the Council on Naturopathic Medical Education or an equivalent federally and Board–recognized accrediting body for naturopathic medical programs; and
Is part of an institution of higher education that is either accredited, or is a candidate for accreditation, by a regional or national institutional accrediting agency recognized by the United States Secretary of Education; or
In a diploma–granting, degree–equivalent college or university in Canada that:
Offers graduate–level, full–time didactic and supervised clinical training;
Is accredited, or has achieved candidacy status for accreditation, by the Council on Naturopathic Medical Education or an equivalent federally and Board–recognized accrediting body for naturopathic medical programs; and
Has provincial approval for participation in government–funded student aid programs.
“Board” means the State Board of Physicians.
“Committee” means the Naturopathic Medicine Advisory Committee.
“Council” means the Naturopathic Doctors Formulary Council.
“Device” means a device used in the diagnosis, treatment, or prevention of disease.
“Device” does not include:
Any surgical or dental instrument;
Any physical therapy equipment;
Any X–ray apparatus; or
Any component part or accessory of any of the items listed in items (i) through (iii) of this paragraph.
“Emergency use epinephrine” means a portable, disposable drug delivery device or product approved by the federal Food and Drug Administration that contains a premeasured single dose of epinephrine that is used to treat anaphylaxis in an emergency situation.
“Formulary” means a list of drugs and devices developed and adopted in accordance with § 14–5F–04.1 of this subtitle.
“Licensed naturopathic doctor” means a naturopathic doctor who is licensed to practice naturopathic medicine.
“Naturopathic doctor” means an individual who practices naturopathic medicine.
“Naturopathic medicine” means the prevention, diagnosis, and treatment of human health conditions, injury, and disease using only patient education and naturopathic therapies and therapeutic substances recognized by the Council of Naturopathic Medical Education.
“Naturopathic medicine” includes:
Counseling;
The practice of the mechanical sciences of healing, including mechanotherapy, articular manipulation, corrective and orthopedic gymnastics, hydrotherapy, electrotherapy, and phototherapy;
The practice of the material sciences of healing, including nutrition, phytotherapy, treatment by natural substances, and external applications; and
Prescribing, dispensing, or administering nonprescription and prescription drugs and devices listed in the formulary.
“Naturopathic musculoskeletal mobilization” means the treatment by manual and other mechanical means of all body tissues exclusive of high–velocity thrusts at or beyond the end range of normal joint motion.
“Nonprescription drug” means a drug that:
May be sold without a prescription; and
Is labeled for use by a consumer in accordance with State and federal law.
“Prescription drug” means any drug defined in § 503(b) of the federal Food, Drug, and Cosmetic Act if the drug’s label is required to bear the statement “Rx only”.
The purposes of this subtitle are to:
Protect the health, safety, and welfare of the public, and specifically protect individuals who are the direct recipients of services regulated by this subtitle;
Maintain standards in the delivery of naturopathic medical services to the public;
Ensure that the health care provided by qualified naturopathic doctors is accessible and available to the residents of the State; and
Provide a means of identifying qualified naturopathic doctors in the State.
This subtitle does not limit the right of:
An individual to practice a health occupation that the individual is authorized to practice under this article;
An individual from treating the individual or the individual’s family based on the individual’s religious or health beliefs; or
A person that sells vitamins and herbs from providing information about the person’s products.
The Board shall adopt regulations for the licensure and practice of naturopathic medicine.
There is a Naturopathic Doctors Formulary Council within the Board.
The Council consists of the following members:
The Deputy Secretary of Public Health Services, or the Deputy Secretary’s designee; and
The following members, appointed by the Board:
Two individuals who:
Practice naturopathic medicine in the State;
Are certified by the North American Board of Naturopathic Examiners;
Have a minimum of 2 years experience; and
Are licensed naturopathic doctors;
Two licensed physicians who practice in the State;
One pharmacist who has a background in pharmacognosy and who practices in the State; and
One consumer.
The term of an appointed member is 4 years.
At the end of a term, an appointed member continues to serve until a successor is appointed.
A member of the Council:
May not receive compensation as a member of the Council; but
Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Board shall designate the chair of the Council.
The Board shall provide staff for the Council.
The Council shall:
Develop and recommend to the Board a formulary for use by licensed naturopathic doctors;
Annually review the formulary adopted by the Board under subsection (c) of this section to determine if any changes are necessary for compliance with current prescribing standards or the practice of naturopathic medicine;
Otherwise review the formulary at the direction of the Board; and
Make recommendations to the Board based on the reviews conducted under items (2) and (3) of this subsection.
The Board shall adopt a formulary based on the recommendations of the Council made under subsection (b) of this section.
The Board may modify or reject any recommendation of the Council regarding the formulary.
The formulary adopted by the Board shall include:
Nonprescription drugs and devices;
Prescription oxygen and emergency use epinephrine; and
Prescription diaphragms and cervical caps for contraception.
The formulary may not include:
Except as provided in paragraph (1)(ii) and (iii) of this subsection, prescription drugs or devices; or
Controlled substances.
The Board shall set reasonable fees for the issuance and renewal of licenses and the other services the Board provides to naturopathic doctors.
The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to naturopathic doctors.
The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller.
The Comptroller shall distribute all fees to the Board established under § 14–201 of this title.
The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this subtitle.
There is a Naturopathic Medicine Advisory Committee within the Board.
The Committee consists of five members appointed by the Board as follows:
Two shall be licensed naturopathic doctors;
One shall be a licensed physician;
One shall be a licensed physician with experience working with naturopathic doctors; and
One shall be a consumer member.
The Board shall appoint the naturopathic doctor members from a list of names submitted by the Maryland Association of Naturopathic Physicians.
Each member of the Committee licensed by the Board must be in good standing with the Board.
The consumer member of the Committee:
Must be a member of the general public;
May not be or ever have been:
A licensed naturopathic doctor;
Any other health care professional; or
In training to be a naturopathic doctor or other health professional; and
May not:
Participate or ever have participated in a commercial or professional field related to naturopathic medicine;
Have a household member who participates in a commercial or professional field related to naturopathic medicine;
Have had within 2 years before appointment a financial interest in a person regulated by the Board; or
Have had within 2 years before appointment a financial interest in the provision of goods or services to naturopathic doctors or to the field of naturopathic medicine.
Each member of the Committee must be a resident of the State.
The term of a member is 3 years.
The terms of members are staggered as required by regulation.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
A member may not serve more than two consecutive full terms.
From among its members, the Committee shall elect a chair every 2 years.
A quorum of the Committee consists of three members.
In addition to the powers set forth elsewhere in this subtitle, the Committee:
Shall:
Develop and recommend to the Board:
Regulations to carry out this subtitle; and
Any statutory changes that affect the profession; and
Keep a record of its meetings; and
May:
Provide recommendations regarding the practice of naturopathic medicine; and
Advise the Board on any other matters related to naturopathic doctors.
A person shall have the immunity from liability described under § 5–715 of the Courts and Judicial Proceedings Article for giving information to the Committee or otherwise participating in its activities.
Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice naturopathic medicine in the State.
This section does not apply to:
A naturopathic doctor who is employed in the service of the federal government while practicing within the scope of the employment;
A student who is enrolled in an approved naturopathic medical program while the student is participating in a course of study under the supervision of a licensed naturopathic doctor or a licensed professional in the field of study;
An individual who is licensed in another state to practice naturopathic medicine and whose practice of naturopathic medicine in the State is limited to examination, recommendation, or testimony in litigation; or
A naturopathic doctor licensed by and residing in another jurisdiction, if the naturopathic doctor is engaged in consultation with the naturopathic doctor in the State about a particular patient and does not direct patient care.
The Board may not discriminate, in any manner, against any applicant or licensee for reason of sex, age, race, color, creed, sexual orientation, gender identity, disability, or national origin.
To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
The applicant shall be of good moral character.
The applicant shall be at least 21 years old.
Except as provided in § 14–5F–12 of this subtitle, the applicant shall:
Have a doctorate in naturopathic medicine from an approved naturopathic medical program; and
Pass the competency–based national naturopathic licensing examination Part I and Part II administered by the North American Board of Naturopathic Examiners, or its successor agency that has been nationally recognized to administer a naturopathic examination that represents federal standards of education and training.
An applicant shall be physically and mentally capable of safely practicing naturopathic medicine with or without reasonable accommodation.
If an applicant is licensed, certified, or registered to practice naturopathic medicine or any other health occupation in another state, the applicant shall be in good standing with the applicable state licensing, certification, or registration authority.
An applicant shall complete a criminal history records check in accordance with § 14–308.1 of this title.
To apply for a license, an applicant shall:
Complete a criminal history records check in accordance with § 14–308.1 of this title;
Submit an application to the Board on a form that the Board requires;
Pay to the Board an application fee set by the Board; and
If the applicant has been licensed, certified, or registered to practice naturopathic medicine in another state, submit all evidence relating to:
Any disciplinary action taken or any administrative penalties assessed against the applicant by the appropriate state licensing, certification, or registration authority; and
Any consent agreements the applicant entered into that contain conditions placed on the applicant’s professional conduct and practice, including any voluntary surrender of a license.
To practice naturopathic medicine in the State, a naturopathic doctor shall maintain at all times a collaboration and consultation agreement with a physician licensed in the State.
Before an individual may practice naturopathic medicine in the State, the individual shall:
Obtain a license under this subtitle;
Enter into a collaboration and consultation agreement with a physician licensed in the State; and
Attest to the completion of the collaboration and consultation agreement on a form provided by the Board.
A collaboration and consultation agreement shall:
State that the applicant has a collaboration and consultation agreement with a physician licensed in the State;
Include the name and license number of the physician with whom the applicant has a collaboration and consultation agreement;
State that the applicant will refer patients to and consult with physicians and other health care providers licensed or certified under this article as needed; and
States that the applicant will require patients to sign a consent form that states that the applicant’s practice of naturopathic medicine is limited to the scope of practice established in § 14–5F–14 of this subtitle.
A naturopathic doctor shall inform the physician named in the collaboration and consultation agreement that the physician has been named.
Subject to the notice required under § 14–5F–12.2 of this subtitle, a naturopathic doctor and a licensed physician may terminate a collaboration and consultation agreement at any time.
In the event of the sudden departure, incapacity, or death of the named licensed physician or change in license status that results in the named licensed physician being unable to practice medicine, the naturopathic doctor may not practice in the State until the naturopathic doctor enters into a new collaboration and consultation agreement.
A naturopathic doctor whose collaboration and consultation agreement is terminated may not practice naturopathic medicine in the State.
A physician or an employer shall notify the Board within 10 days after the termination of a naturopathic doctor for reasons that would be grounds for discipline under this subtitle.
A physician named in a collaboration and consultation agreement with a naturopathic doctor and a naturopathic doctor shall notify the Board within 10 days after the termination of a collaboration and consultation agreement.
Subject to subsection (b) of this section, the Board shall issue a license to any applicant who meets the requirements of this subtitle.
On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether to issue a license, the Board shall consider:
The age at which the crime was committed;
The nature of the crime;
The circumstances surrounding the crime;
The length of time that has passed since the crime;
Subsequent work history;
Employment and character references; and
Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
The Board may not issue a license if the criminal history record information required under § 14–308.1 of this title has not been received.
A license authorizes a licensee, consistent with naturopathic education and training and competence demonstrated by passing the naturopathic physician licensing examination, to:
Order and perform physical and laboratory examinations for diagnostic purposes, including phlebotomy, clinical laboratory tests, orificial examinations, electrocardiograms with over read by a cardiologist, and physiological function tests;
Order diagnostic imaging studies and interpret the reports of diagnostic imaging studies;
Dispense or order natural medicines of mineral, animal, or botanical origin, including food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical medicines, homeopathic medicines, and all dietary supplements and nonprescription drugs listed in the formulary that use various routes of administration, including oral, nasal, auricular, ocular, rectal, vaginal, transdermal, and intramuscular;
Administer natural medicines of mineral, animal, or botanical origin, including food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical medicines, homeopathic medicines, and all dietary supplements and nonprescription drugs listed in the formulary using various routes of administration, including oral, nasal, auricular, ocular, rectal, vaginal, and transdermal;
Administer emergency use epinephrine;
Administer or perform hot or cold hydrotherapy, naturopathic physical medicine, electromagnetic energy, and therapeutic exercise for the purpose of providing basic therapeutic care services, except that if a referral to another licensed provider is appropriate for ongoing rehabilitation or habilitation services, the naturopathic doctor shall make the referral;
Provide health education and health counseling; and
Perform naturopathic musculoskeletal mobilization.
A license does not authorize a licensee to:
Except for a prescription drug or device included in the formulary under § 14–5F–04.1(d)(1)(ii) or (iii) of this subtitle, prescribe, dispense, or administer any prescription drug or device;
Perform surgical procedures;
Practice or claim to practice as a medical doctor or physician, an osteopath, a dentist, a podiatrist, an optometrist, a psychologist, a nurse practitioner, a physician assistant, a chiropractor, a physical therapist, an acupuncturist, or any other health care professional unless licensed under this article;
Use general or spinal anesthetics;
Administer ionizing radioactive substances for therapeutic purposes;
Perform chiropractic adjustments or manipulations that include high–velocity thrusts at or beyond the end range of normal joint motion unless the licensee is also a licensed chiropractor;
Perform acupuncture unless the licensee is also a licensed acupuncturist; or
Prescribe, dispense, or administer any prescription or nonprescription drug or device listed in the formulary for cosmetic purposes.
The term of a license issued by the Board may not exceed 3 years.
A license expires on a date set by the Board, unless the license is renewed as provided in this section.
At least 1 month before the license expires, the Board shall send to the licensee a renewal notice that states:
The date on which the current license expires;
The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
The amount of the renewal fee.
The Board shall renew the license of a licensee who:
Submits a renewal application on the form that the Board requires;
Is of good moral character;
Pays a renewal fee set by the Board;
Is otherwise entitled to be licensed;
Meets the continuing education requirements adopted by the Board; and
Provides evidence of biennial cardiopulmonary resuscitation certification.
Beginning October 1, 2016, the Board shall require a criminal history records check in accordance with § 14–308.1 of this title for:
Renewal applicants as determined by regulations adopted by the Board; and
Each former licensee who files for reinstatement under § 14–5F–16(b) of this subtitle.
On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether disciplinary action should be taken, based on the criminal history record information, against a licensee who renewed or reinstated a license, the Board shall consider:
The age at which the crime was committed;
The nature of the crime;
The circumstances surrounding the crime;
The length of time that has passed since the crime;
Subsequent work history;
Employment and character references; and
Other evidence that demonstrates whether the licensee poses a threat to the public health or safety.
The Board may renew or reinstate a license only if the licensee or applicant attests that the licensee or applicant has submitted to a criminal history records check under § 14–308.1 of this title.
A disciplinary panel may impose a civil penalty of up to $100 per continuing education credit in lieu of a sanction under § 14–5F–18 of this subtitle, for a first offense for failure of a licensee to obtain the continuing education credits required by the Board.
A licensee shall notify the Board in writing of a change in name or address within 30 days after the change.
A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.
The Board may place a licensee on inactive status if the licensee submits to the Board:
An application for inactive status on the form required by the Board; and
The inactive status fee set by the Board.
The Board shall issue a license to a naturopathic doctor who is on inactive status if the individual is otherwise entitled to be licensed under this subtitle and submits to the Board:
Satisfactory evidence of compliance with the requirements of § 14–308.1 of this title;
Satisfactory evidence of compliance with the continuing education requirements the Board adopts for this purpose; and
A reinstatement fee set by the Board.
The Board shall reinstate the license of a naturopathic doctor who has failed to renew the license for any reason if the naturopathic doctor:
Meets the renewal requirements of § 14–5F–15 of this subtitle;
Pays to the Board a reinstatement fee set by the Board; and
Submits to the Board satisfactory evidence of compliance with the qualifications and requirements adopted by the Board under this subtitle for license reinstatements.
Unless the Board agrees to accept the surrender of a license, a licensed naturopathic doctor may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.
Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license of any licensee if the applicant or licensee:
Is habitually intoxicated, or is addicted to or habitually abuses any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or any drug without a valid prescription or indication, or provides professional services while under the influence of alcohol or using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article;
Is:
Professionally incompetent;
Physically incompetent; or
Mentally incompetent;
Has entered into a consent agreement with or has been assessed an administrative penalty by a licensing authority in another state;
Fraudulently or deceptively obtains, attempts to obtain, or uses a license for the applicant, the licensee, or another;
Is disciplined by a licensing, certifying, or disciplinary authority or is convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
Uses false, deceptive, or misleading advertising;
Advertises, practices, or attempts to practice under a name other than the applicant’s or licensee’s own name;
Aids, assists, employs, or advises any unlicensed individual to practice naturopathic medicine in violation of this subtitle;
Willfully makes or files a false report or record in the practice of naturopathic medicine;
Willfully or negligently fails to file a report or record as required by law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report;
Pays or receives any commission, bonus, kickback, or rebate, or engages in any split–fee arrangement in any form with a licensed physician, organization, agency, or other person, either directly or indirectly, for patients referred to health care providers;
Exercises influence within a patient–doctor relationship for purposes of engaging a patient in sexual activity;
Engages in sexual misconduct with a patient;
Fails to keep written medical records justifying the course of treatment of a patient;
Engages in an act or omission that does not meet generally accepted standards of practice of naturopathic medicine or of safe care of patients, whether or not actual injury to a patient is established;
Delegates professional responsibilities to an individual when the licensee delegating the responsibilities knows or has reason to know that the individual is not qualified by training, experience, or licensure to perform the responsibilities;
Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;
Breaches patient confidentiality;
Is guilty of:
Immoral conduct in the practice of naturopathic medicine; or
Unprofessional conduct in the practice of naturopathic medicine;
Offers, undertakes, or agrees to cure or treat a disease by a secret method, treatment, or medicine;
Willfully fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;
Sells, prescribes, gives away, or administers drugs for illegal or illegitimate purposes;
Denies or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;
Fails to cooperate with a lawful investigation of the Board;
Abandons a patient;
Violates any provision of this title or any regulation adopted by the Board; or
Fails to complete a criminal history records check under § 14–308.1 of this title.
Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Board or a disciplinary panel takes any action under subsection (a) of this section, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board or the disciplinary panel in accordance with the hearing requirements of § 14–405 of this title.
On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a license if the licensee is convicted of or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.
After completion of the appellate process if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the Office of the Attorney General.
If, after a hearing under § 14–405 of this title, a disciplinary panel finds that there are grounds under subsection (a) of this section to suspend or revoke a license, to reprimand a licensee, or to place a licensee on probation, the disciplinary panel may impose a fine subject to the Board’s regulations in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.
The Board shall pay any fines collected under this section into the General Fund.
In addition to any sanction authorized under this section, a disciplinary panel may require a licensee to comply with specified terms and conditions determined by the disciplinary panel.
Except as provided in subsections (b) and (d) of this section, each employer of a licensed naturopathic doctor shall submit to the Board a report if:
The employer:
Reduced, suspended, revoked, restricted, denied, conditioned, or did not renew the licensed naturopathic doctor’s clinical privileges, employment, or other ability to practice or treat patients;
Involuntarily terminated or restricted the licensed naturopathic doctor’s employment or staff membership; or
Asked the licensee to voluntarily resign because of the licensed naturopathic doctor’s conduct or while the licensee is being investigated; and
The action described under item (i) of this paragraph was taken:
For reasons that might be grounds for disciplinary action under § 14–5F–18 of this subtitle;
Because the licensed naturopathic doctor may have engaged in an act that may constitute unprofessional conduct;
Because the licensed naturopathic doctor may be unable to practice naturopathy with reasonable skill and safety because of a physical or mental condition or professional incompetence; or
Because the licensed naturopathic doctor may have harmed or placed one or more patients or the public at unreasonable risk of harm by engaging in an act that creates an immediate or continuing danger.
A report required under paragraph (1) of this subsection shall include:
The action taken by the employer;
A detailed explanation of the reasons for the action, including references to specific patient medical records, if any, that informed the employer’s action; and
The steps taken by the employer to investigate the conduct of the licensed naturopathic doctor.
The Board may request from the employer additional information regarding an action described in paragraph (1) of this subsection that was taken by the employer.
If an employer receives a request made under subparagraph (i) of this paragraph, the employer shall promptly provide the additional information.
If an employer knows that the conduct of a licensed naturopathic doctor requires that the employer submit a report under subsection (a)(1) of this section because the licensed naturopathic doctor is impaired by alcohol or another substance, the employer is not required to report the naturopathic doctor to the Board if:
The employer knows that the licensed naturopathic doctor is:
In a substance use disorder treatment program that is accredited by The Joint Commission or is certified by the Department; or
Under the care of a health care practitioner who is competent and capable of dealing with substance use disorders;
The employer is able to verify that the licensed naturopathic doctor remains in the treatment program until successful discharge; and
The action or condition of the licensed naturopathic doctor has not caused injury to any person while the naturopathic doctor is practicing as a licensed naturopathic doctor.
If the employer knows that the licensed physician is noncompliant with the substance use disorder treatment programs, the employer of the licensed naturopathic doctor shall report the licensed naturopathic doctor’s noncompliance to the Board.
The Board may extend the reporting under this section for good cause shown.
A person is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of substance use disorder patient records.
The Board may enforce this section by subpoena.
Any person shall have the immunity from liability described under § 5–715(d) of the Courts Article for giving any of the information required by this section.
An employer required to make a report to the Board under this section shall submit the report within 10 days after the action requiring the report.
A report made under this section is privileged, not subject to inspection under the Public Information Act, and not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title.
A disciplinary panel may impose a civil penalty of up to $5,000 for knowingly failing to report under this section.
A disciplinary panel may impose a civil penalty of up to $5,000 per incident for a report made by an employer in bad faith.
The Board shall remit any penalty collected under this subsection into the General Fund of the State.
Following the filing of charges or notice of initial denial of a license application, the Board shall disclose the filing to the public on the Board’s website.
The Board shall create and maintain a public individual profile on each licensee that includes the following information:
A summary of charges filed against the licensee, including a copy of the charging document, until a disciplinary panel has taken action under § 14–5F–18 of this subtitle based on the charges or has rescinded the charges;
A description of any disciplinary action taken by the Board or a disciplinary panel against the licensee within the most recent 10–year period that includes a copy of the public order;
A description in summary form of any final disciplinary action taken by a licensing board in any other state or jurisdiction against the licensee within the most recent 10–year period if the Board knows about the disciplinary action;
A description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving moral turpitude that is the basis for disciplinary action taken under § 14–5F–18(c) of this subtitle; and
The public address of the licensee.
In addition to the information required under subsection (b) of this section, the Board shall include on each licensee’s profile a statement of information to be taken into consideration by a consumer when viewing a licensee’s profile, including a disclaimer stating that a charging document does not indicate a final finding of guilt by a disciplinary panel.
The Board:
On receipt of a written request for a licensee’s profile from any person, shall forward a written copy of the profile to the person; and
Shall maintain a website that serves as a single point of entry where all licensee profile information is available to the public on the Internet.
The Board shall provide a mechanism for the notification and prompt correction of any factual inaccuracies in a licensee’s profile.
The Board shall include information relating to charges filed against a licensee by a disciplinary panel and any final disciplinary action taken by a disciplinary panel against a licensee in the licensee’s profile within 10 days after the charges are filed or the action becomes final.
The Board shall give notice and hold a hearing in accordance with the Administrative Procedure Act.
The individual may be represented at the hearing by counsel.
Over the signature of an officer or the administrator of the Board, the Board or a disciplinary panel may issue subpoenas and administer oaths in connection with any investigation under this subtitle and any hearings or proceedings before the Board or a disciplinary panel.
If, without lawful excuse, a person disobeys a subpoena from the Board or a disciplinary panel or an order by the Board or a disciplinary panel to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board or a disciplinary panel may hear and determine the matter.
If the Board or a disciplinary panel finds that there are grounds for action under § 14–5F–18 of this subtitle, the Board or the disciplinary panel shall pass an order in accordance with the Administrative Procedure Act.
Any person aggrieved by a final decision of the Board or a disciplinary panel under this subtitle in a contested case, as defined in the Administrative Procedure Act, may take a direct judicial appeal.
The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.
An order of the Board or a disciplinary panel may not be stayed pending judicial review.
The Board may appeal from any decision that reverses or modifies an order of the Board or a disciplinary panel.
Subject to subsection (c) of this section, if the Board has revoked or suspended the license of a licensee, the Board may not reinstate the license until the Board is satisfied that the individual:
Has complied with all the terms and conditions in the final order; and
Is capable of safely engaging in the practice of naturopathic medicine.
The Board may not reinstate the license of an individual whose license was revoked by the Board within 6 months after the date of the revocation.
A disciplinary panel may not reinstate a surrendered or revoked license that has been surrendered or revoked for a period of more than 1 year unless the licensee:
Meets the requirements for reinstatement as established under this title; and
Completes a criminal history records check in accordance with § 14–308.1 of this title.
A disciplinary panel may issue a cease and desist order for:
Practicing naturopathic medicine without a license or with an unauthorized person; or
Supervising or aiding an unauthorized person in the practice of naturopathic medicine.
Except as otherwise provided in this subtitle, a licensed physician may not employ an individual practicing naturopathic medicine without a license or without a collaboration and consultation agreement.
Except as otherwise provided in this subtitle, an employer may not employ an individual practicing naturopathic medicine without a license or without a collaboration and consultation agreement.
A disciplinary panel may impose a civil penalty of up to $5,000 for a violation of this section.
The Board shall remit any penalty collected under this section into the General Fund of the State.
A licensed naturopathic doctor shall follow any federal, State, or local law that governs:
The control of contagious and infectious diseases; and
The reporting of births and deaths.
A licensed naturopathic doctor may receive a fee for professional consultation services.
If a naturopathic doctor is engaged in the private practice of naturopathic medicine in the State, the naturopathic doctor shall display the notice developed under § 1–207 of this article conspicuously in each office where the naturopathic doctor is engaged in practice.
Except as otherwise provided in this subtitle, an individual may not practice, attempt to practice, or offer to practice naturopathic medicine in this State without a license.
An individual who violates subsection (a) of this section or § 14–5F–30 of this subtitle is guilty of a felony and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 5 years or both.
Any individual who violates subsection (a) of this section or § 14–5F–30 of this subtitle is subject to a civil fine of not more than $50,000 to be levied by a disciplinary panel.
The Board shall pay any penalty collected under this section into the Board of Physicians Fund.
Unless an individual is licensed to practice naturopathic medicine, the individual may not:
Represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is licensed by the Board to practice naturopathic medicine;
Use the title “doctor of naturopathic medicine”, “doctor of naturopathy”, “naturopathic doctor”, or “naturopath”; or
Use the initials “N.D.”, “ND”, “NMD”, or “N.M.D.” after the name of the individual.
An individual licensed to practice naturopathic medicine in the State may not use the title “physician”.
This subtitle may be cited as the Maryland Naturopathic Medicine Act.
Subject to the evaluation and reestablishment provisions of the Program Evaluation Act, this subtitle and all rules and regulations adopted under this subtitle shall terminate and be of no effect after July 1, 2030.